The Criminal Court nº 20 Madrid has acquitted the producer, exhibitor and distributor Enrique González Macho of the crime of fraud of grants and falsehood documentary of which he was accused for manipulating supposedly the number of viewers of the film The island inside to get help. In this judgement, the Court acquits also to John Romero Churches, which was the sole manager of Mechanism Films SL, that participated with a market share of 51% in the production of the film.
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The prosecution requested two years in prison for Gonzalez Male by the case of the blockbuster film González-Male: “I’m Not rich, I should devote myself to my work,”
The Prosecution asked for each of them to two years in prison and a million euros fine, but according to the judge it has not been demonstrated that the revenues declared do not correspond to those obtained by the screening of the film, nor that the defendants ever come to a concert prior to altering the data, the basis of what was known as the fraud of the blockbuster. The judge declares proven that John Romero signed on 16 July 2009 a contract for the distribution of the film with High Classics S. L. U., the property of Alta Films SA, both managed by Enrique González Macho, president of the Film Academy. The resolution adds that Alta Films SA was also involved in other business owners of show rooms, so that Enrique González Macho held in 2010, the office of the ceo of the Multiplex Basin, Multiplexes Majadahonda, Renoir Price, Renoir Zaragoza, Roxy B and Lido.
In these rooms, as well as in many others, featured the movie The island a minimum, which premiered on November 28, 2009 in a unique exhibition in Multiplexes Basin -probably to opt for the Goya – and performed commercially, April 9, 2010, remain in the repertoire for several months, he says. He says that “John Romero requested on February 14, 2011 help of a general nature and is complementary to the amortization of feature films, convened by the Institute of Cinematography and Audiovisual Arts (ICAA), providing certification of the deputy director general of Promotion of the Cinematographic and Audiovisual Industry of the ICAA”. In the same was that the film had obtained during the first twelve months of commercial exhibition in Spain to raise gross 335.576 euros.
By resolution of the ICAA of June 3, 2011 is granted to Mechanism Films a help general 25.671 euros and a complementary 266.655, and also support was given to the rest of coproductoras in proportion to their percentages of participation in the making of the film. The judge explains that the certificate issued by the ICAA on the collection was based on the data that provided the exhibition rooms, film through the corresponding parts of the statement that is sent in an encrypted file, facilitated by a computer application made available by a company approved by the administrative agency.
But for the judge, and hence the acquittal, has not been demonstrated that the revenues declared by the ICAA does not correspond to those obtained by the screening of the film, “must be presumed that, in addition, were the declared of the General Society of Authors and Publishers and to the Treasury”. The judge stressed that the case highlights a “lack of control systems of the ICAA at least in the years 2010 and 2011, to the extent that you do not have your own data, but provided by third parties.” In addition, it indicates that the company that managed the “mailbox lacks information on the data obtained in relation to the fund gross of the movie La Isla interior, having expired more than five years.” Stresses that with the information that you could check whether or not there is an error or alteration by the staff of the ICAA that issued the certificates of the fund.
The sentence makes it clear that, although the lack of justification for the activity is sufficient to establish the repayment of the grant, as it was agreed in administrative proceedings, “is not to support a criminal conviction for fraud, which requires the accreditation of that activity really has not been carried out”.
The ex-president of the Film Academy between April 2011 and February 2015 -when he resigned for personal reasons – has expressed his relief at this statement, however, not reassuring at all because it is still actionable and not firm. “It’s not the same to say that I am acquitted,” he highlighted González Macho, who has three other lawsuits pending.
“I have three and a half years without contact with anyone absolutely the world of cinema. All of this has been, and is, very hard for me, are the three and a half years hardest of my life,” said the producer in a telephone conversation with Efe from France, where he spends christmas with his wife’s family. “I have been tried two times in these three and a half years, the first time the 20 of November and the second on 24 and 25 November, with judge and judged different; that second trial, I still don’t have judgment,” said González Macho.
For the producer, exhibitor and distributor of film, the statement is “very important” because the rest of the cases that have pending “are the same, you could do a copy with a carbon copy”. “Only I know what it is like to be prosecuted for something that I am totally innocent. It is horrible, what I have passed what I know nothing more.”
